Section 18-400 CLASS "A": NON-CONFORMING USES & STRUCTURES

Section 18-401 A Class A non-conforming use or structure shall not be repaired, restored, extended, enlarged or substituted for except in accord with the following requirements:

Section 18-402 The Planning Commission may permit the repair, improvement or modernization of a Class A non-conforming structure to correct deterioration, obsolescence, depreciation and wear, provided the structure will still meet the qualifications of a Class A nonconforming use or structure.

Section 18-403 A Class A non-conforming use or structure damaged by fire, explosion, flood, erosion or other acts of God may be restored, rebuilt or repaired only after approval by the Planning Commission.

Section 18-404 The Planning Commission shall permit any structure to be returned to its prior use provided there is no increase in the intensity of the non-conforming use and providing there is no increase in the square footage of the non-conforming structure.

Section 18-405 No restoration, rebuilding or repair shall increase the extent of violation of setback or other dimensional or area requirements of this Ordinance.

Section 18-406 There shall be no structural changes including enlargement or extension of a Class A non-conforming structure or use except after approval of the Planning Commission.

Section 18-407 In exercising its discretion regarding a request for approval of a structural change, the Planning Commission shall consider the factors contained in Article 19.

Section 18-408 In addition, no extension or enlargement of a Class A non-conforming use or structure shall be approved if approval would result in violation or increased violation of the waterfront, front yard, rear yard or side yard setbacks, or similar requirements of this Section.

Section 18-409 However, nothing contained in this Section shall be construed to preclude an owner from performing normal repairs and maintenance on any non-conforming building or structure.

Section 18-410 However, nothing contained in Section 18-304 shall be construed to preclude an owner from performing normal repairs and maintenance on any non-conforming building or structure.

Section 18-411 The Planning Commission may attach reasonable conditions in reclassification from B to A Those conditions shall make the use less non-conforming or to lessen its impact on nearby properties.

Section 18-412 The Planning Commission may require the land owner to provide site plans, appraisals, or other construction or land data which are necessary to assure compliance with this Section.

Section 18-413 If a mineral extraction operation is designated a Class A non-conforming use, existing holes or shafts may be worked or enlarged on the land which constituted the lot on which operations were conducted at the time of the operation being so classified, but no new holes or shafts shall be established.

Section 18-414 A conforming use or structure, or a use or structure which meets the requirements of a Class A non-conforming use may be substituted for a Class B non-conforming use or structure. If the Planning Commission determines that the substitution would not increase the non-conformity of the use or structure or be contrary to the public health, safety and welfare and the intent of this Ordinance.